Banking – FIRREA – notice — administrative exhaustion

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United States Court of Appeals For the Seventh Circuit

Civil

Banking – FIRREA – notice — administrative exhaustion

Twelve days’ notice provides a meaningful opportunity to submit a claim under FIRREA.

“[T]the near-midnight discovery scenario was not present here. Trustee had twelve days to draft and submit a claim. While this might not be an ideal amount of time to craft a claim, the Trustee in fact used this time to draft a detailed letter to the Insurer demanding repayment. The district court was justified in ruling that the Trustee could have presented a written claim to the FDIC receiver within that two-week time period. Because Trust’s claim was not filed within the bar window and the Trustee learned of the claim with enough time to draft a claim, the district court properly concluded that it did not have authority over the present matter.”

Affirmed.

11-1595 Campbell v. FDIC

Appeal from the United States District Court for the Central District of Illinois, Baker, J., Cudahy, J.